Hi Thank you. I am thinking of sending the below as a way of trying to just get it resolved before I do the small claims at the start of Feb. My partner believes a less formal, less threating approach might work, eg I not just challenging his ego. (I will do the costing that you requested over the weekend). FORD KUGA – RESPONSE TO YOUR LETTER RECEIVED 18/02/22 Thank you for your letter received on the 18th January 2022. This letter is the first time you have offered to refund the car (£3500) and I thank you for this, along with your admission that the car was reported faulty to you within days of its delivery. However, if you actually review our conversations on whatsapp and text you will see that a lot of the other points you have made in the letter are clearly not true when compared to our actual communication, which is why I am confident in making these complaints because I have evidence of how the conversation actually went. However, the aim of this letter is to find a resolution and avoid taking you to court, so I would appreciate if you would consider that on top of the refund of the car, which you have agreed to, I deserve to at least be reimbursed for the work I have had done that I have messages that prove you agreed to. The car needed a new head gasket, and now it has one, there would be no reason for me to have done this unless it was absolutely necessary. I'm not going to be making any profit here, I will still be losing money. You will be getting back a car in far better condition than you sold it in, so worth more to you in material value, with all the genuine invoices from a respected garage including lots other improvements that I'm not expecting you to pay for. So you end up with a better car than you sold originally and none of the hassle, which is fair as I can possibly be; I hope that you can see that all I am trying to do here is recover the bare minimum of my costs in this scenario and put this six months of problems behind me, this in no way represents the actual time, effort and cash I have put into trying to solve this. I am sure on reflection you will agree it is not fair for you to expect one of your customers to pay a repair bill for a fault on a car that was sold as having “No Issues” and then for you to only offer to refund of the original sale price, while then benefitting from the resulting repair. In a compromise to find a speedy solution I am willing to discount the 'Refund Of The Delivery - £230' though this discount does not represent any admission that you are not fully liable for these costs if this does go to court. I am willing to accept, without any further negotiation the below: By the 1st February 2022 (A goodwill extension on the Letter Before Court date): Refunded the Car & MOT - £3500 Reimbursement of Head-gasket repair - £1121.40 Total – £4621.40 Should £4621.40 not be paid and the car collected by the 1st February 2022 I will revert back to my claim of £4851.40 plus additional costs, not limited to but including interest, any due compensation and court fees. Unfortunately due to your telephone conversation on the 13/1/22 I will not allow yourself (Mohammed Waqar) to attend either properties connected to me (). This is easily resolved; I will allow your car delivery company to collect the vehicle from Mieri Eco Farm, Drefach, SA14 7BU and they may also inspect the vehicle. The car will not be released to anyone until £4621.40 is cleared into my bank account below. I now required you to give me 72hrs notice via text message before the vehicle is collected. If this does not happen before 1st February 2022 then I shall begin proceedings in the County Court for the recovery of the full sums of £4851.40 plus costs without further notice to you.

Hi, thanks. I have attached pdf my response to his letter . I think his text to me asking if the repairs have been complete so he can pay was proof that he consented to the repair of the head gasket. I did not repace the EGR valve.... it was an EGR Cooler. I have not tried to claim for the egr cooler as this low cost repair risked pushing the claim over £5000 and the court fee would wipe out the repair cost. My aim is to have the car refunded (including MOT and Delivery) and the head-gasket repair. I have been advised to just accept his offer of the £3500 and right off the rest (my partner is also suggesting this as she is scared due to his threats in his last tel conversation and she doesn't think he will pay anything if we go to court). Your views would be appreciated. Response_to_Dealer_Letter.pdf

Hi, I received the attached letter in reply to my Letter Before Court. He has offered to refund me the original cost of the car, less the delivery charge. He is disputing that he agreed to the repair of the head gasket. He's also made a lot of other claims, that simply are not true which I think are pretty easy to dispute using the text messages I have and the voice recording from the telephone call. He also called me a few days ago and threatened me on the phone (recorded), I have reported this to the police. Waqar_Reply.pdf

I'll change it to 14 days. After that is it suitable to be sent?

Hi, this is my draft letter: You are fully aware of all the pervious defects which exist on the above vehicle which you delivered to Mieri Eco Farm on the 7th August 2021. It is my assertion that I rejected the car on the 14th Aug 2021, a request that you ignored. In my letter dated 7th September 2021, I again gave you the option to refund me, exchange the car or pay for the repairs of the above car. In our telephone conversation you opted to have me to carry out the repairs and that you would reimburse me. I have carried out some of the repairs and you have not reimburse me despite reminders. You have not responded to any of my messages. Further to the the faults listed to you in texts within days of the car being delivered and in my 7th September 2021, I am making you aware of additional faults: P0380 - Glow Plug Circuit A Malfunction. P003A - Reduced Torque Signal 2. Open or Short Circuit. Oil coming out of Intake Manifold indicating a possible Turbo fault. Cardiff Garage believes faulty Injectors to be contributing or causing Juddering. Central locking issues extends to front doors too. Daylight running lights do not work, fault indicates an electrical issue or computer issue. If you do not respond to the above faults then I will assume your agreement that if I choose to have the above additional faults repaired that you will bare these costs on top of the costs already incurred by me below. I am now confirming that you have been given an opportunity to repair the vehicle and clearly you have declined to do so. I am now exerting my legal right to reject the vehicle and I require a full refund plus the reimbursement of all the work carried out which amounts to improvements of the car from the state in which you delivered it. I require that you reimburse me £5325.81 which includes the cost of the vehicle, MOT, delivery, repairs carried out so far, and any other ancillary losses. I also require that you make arrangements to collect the vehicle as soon as possible from the same address that you delivered the car (Mieri Eco Farm) although please note that I shall require payment before you collect the vehicle or at the same time but in a secure form. You are required to give me 48hrs notice before the vehicle is collected. If you do not comply within 7 days of this letter then I shall begin proceedings in the County Court for the recovery of the sums plus interest and car storage costs at £10 per day without any further notice. Yours faithfully

Thanks. So given that the seller will not communicate with me, continuing to try and repair the car is not an option that the court will support? To that end, buying a new car is prob my only option to have a fit for purpose car. Am a allowed to sell the car or part exchange it or do I have to be in possession of the car to take the seller to the small claims court? Would I just be claiming the difference of what I sold the car for and what he owes me?

A further question; If I incur further costs with the car can this be added to my small claims court claim after I submit the first claim? I have just got the car back from the garage who are trying to diagnose the juddering and a number of fault codes came up on their computer. I really need a car for work in the new year and if this dealer ignores me or the court I still need to have a working car. So if I take him to court can I then add any additional repair work costs to the claim?

I will post a draft here before I send anything off. Thank you for all your help.

Hi, Thank you for the draft letter. I will use this as my template. Should I enclose a copy of my previous letter to him in this letter and a copy of all the parts and garage receipts? I will start to read up about the small claims courts.

He mainly has just ignored me and not acknowledged the faults. Early on he denied there were any faults with the car and told me to take him to court. He suggested that I had put oil in the water coolant and when I asked about returning the car for a refund, not long after I bought it he ignored me. It was only when I sent him the letter that he rang me.... but he believed that he only has to pay a % of the costs as good will, he thought all the faults are just wear and tear and my problem to sort eg it was all working when the car left him. Since ive have had the head gasket repaired he has not replied to any text messages I have sent him. He's refused to give me his email. He has made it as hard as possible to communicate with him and I feel like I was tricked by him into getting the head gasket repaired. Tomorrow I am going to print out all the text msg's and whatsapp msg's

Thank you for this reassurance I would have accepted that if the seller just paid the repair costs and then the car actually worked I would then keep the car. But the juddering is so bad that its hard to drive on the motorway and given what I have spent so much already on repairing it and no mechanics seem to know why it judders. Plus the non helpfulness of the seller. Given that currently Im in a position were the car will never be fixed, I think the sensible option is to reject the car for a full refund plus all the repair costs. Kuga Costs Kuga £3,450.00 MOT £50.00 Delivery £230.00 £3,730.00 Repair Costs Parts Labour Fuel Filter Housing & Filter £59.99 EGR Cooler Repair £84.99 £40.00 Head Gasket Repair £1,121.40 Leak Off Pipe Repair £159.92 Mass Air Sensor £49.19 £0.00 Air Intake Sensor £13.33 £0.00 MAP Sensor £18.99 £0.00 Diagnostics £48.00 £226.49 £1,369.32 Total Cost £5,325.81

Hi, I'm a self employed freelancer so the car would have been used for private, commuting to work. I have a smallholding in South Wales and live in a camper-van, the Wiltshire address is my parents (I use their address for important mail and official mail). I work in the TV industry so am meant to by using the car to drive to work (luckily I have use of my partners car), I work all over the UK. My letter was written in that manner after I spoke to Citizens Advice, it is what they told me to do. I was prepared to take legal action, but then the dealer rang me and told me to get the repairs done, so I thought I was getting it all fixed with their consent and would not need to claim... eg the letter had worked. The head-gasket is fixed, but the juddering is undiagnosed at the moment, its been to several garages but no one knows why it judders (my local garage, decided not to charge me as changing the sensors took a few minutes and didn't fix the juddering). So at the moment I cant get quotes for this as no one seems to be able to diagnose it. Its going to another garage next week to try again with a diagnosis. I haven't even got as far as the other faults such as the windscreen and doors not locking as my priority has been to get the car drivable. Ive also been told the headlights dont work properly, which is booked in with an auto electrian in Jan (the day light running lights dont turn on). I am concerned that I bought the car six months ago in January, so I am running out of time to claim under to consumer rights act, but its genuinely taken this long just to get the car to this stage of repair, let along fully repaired.

Hi, Thanks for replying. I bought the car from Budget Star Limited, it was advertised on eBay classified but our communications were via WhatsApp, text and telephone calls, because I have previously bought a car from them, without issues. But with this car as soon as I reported the issue their customer service tone completely changed. The car is a 2008 Ford Kuga, I paid £3730 which included the delivery charge and the MOT charge. The first time I physically saw the car and drove it was when it was when it was delivered to me on the 7th Aug 2021 to South Wales. Which I believe was the only way you could buy a car then due to covid. The dealer is based in Birmingham, I am in South Wales. The dealer made it impossible to for me to reject the car due to the distance and would never have accepted the car if I had paid a recovery truck take it back to Birmingham. I paid with a bank transfer to their business account. My bank has told me they wont help because I paid with a bank transfer. The dealer did not offer me any other way to pay. In trying to fix the car myself, because the dealer wouldn't let me return the car I have spent an additional approx £1500 and the car still doesn't work properly. The dealer told me to text him the receipt for the head-gasket, but has since ignored all my attempts of contact. It has taken me this long to get the car to this point and it still is not fixed as initially my local garage took over 6 weeks to look at the car (they had a back log of customers), then the work they did did not fix it and they told me to take it somewhere else. It then went to a specialist garage, and agin had to join the queue, plus they then had a covid outbreak and closed down for several weeks. Attached is a letter I sent to the dealer, which he replied to by calling me and encouraging me to go ahead with the head gasket fix and to send him the reciept once it was done (i recorded this call). Faulty Kuga - Birmingham Dealer.pdf

I bought a used car via distance selling back in August. I reported the faults to the person who sold the car to me within a few days (they are registered as a Ltd company). They refused to help, even though they told me it had a 3 months warranty, they even told me to take them to court (its a long list of faults from oil in the coolant, juddering, stone chips in windscreen (they they told me was fixed before the car was delivered), central locking not working etc). I sent them a letter explaining the consumer rights act and listed all the faults, which he replied to by telephoning me (i recorded the call). The main two faults are head gasket and juddering engine, which make it impossible to drive. They told me to get the head gasket fixed and to send them the invoice, the head gasket was eventually fixed in Nov (the car has been in the garage since Aug to Nov). I sent the seller a copy of the invoice via whatsapp and they have ignored me. The car is still juddering and so far no one can diagnose it. I want to get my money back for the car purchase and the money I have spent trying to fix it. Can anyone help?

Ive attached the letter from Euro Car Parks 1 Date of the infringement 12th Sept 2018 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 20th Sept 2018 3 Date received 22nd Sept 2018 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] Y 5 Is there any photographic evidence of the event? Close Up Photo of my Number plate 6 Have you appealed? {y/n?] post up your appeal] N Have you had a response? [Y/N?] post it up N 7 Who is the parking company? Euro Car Park 8. Where exactly [carpark name and town] Esso Service Station, Meads, Purfleet